• 10.31.16

    DOJ to Investigate No-Poach and Wage-Fixing Agreements Criminally

    Human resources professionals beware. Conversations with others in your industry regarding employee pay, benefits and no-hire agreements could land you in jail.

  • 10.20.16

    Third Circuit Reverses Hospital Merger Loss

    On September 27, 2016, the Third Circuit handed the Federal Trade Commission (FTC) a significant victory in its campaign against hospital consolidation, reversing a District Court decision that denied a preliminary injunction against the merger of Penn State Hershey Medical Center (Hershey) and ...

  • 09.22.16

    Can Antitrust Prevent Excessive Drug Price Increases?

    The antitrust agencies are often asked to intervene in markets where pricing appears to be excessive to help protect consumers and stabilize markets. In the drug arena, healthcare providers, consumers and politicians have been extremely vocal in criticizing some companies, such as Mylan, Valeant ...

  • 08.24.16

    Lovenox Case Muddies Waters on Loyalty Discount Programs

    Pharmaceutical manufacturers utilize a variety of sales and marketing techniques to maximize sales of their products. 

  • 07.27.16

    Steering and Its Broad Implications for Payer-Hospital Negotiations

    Last month, the U.S. Department of Justice's Antitrust Division (DOJ) and the North Carolina Attorney General sued Carolinas HealthCare System (CHS) in North Carolina District Court alleging that CHS exercised its dominant market power to prevent insurers from steering patients to its ...

  • 06.23.16

    Hospital Mergers: Is the FTC’s Winning Streak Over?

    Following a winning streak dating back to its 2007 win in Evanston,1 the Federal Trade Commission (FTC) has suffered two losses over the last month in two of its three pending hospital merger challenges.

  • 05.24.16

    FTC Maintains Aggressive Stance Against Pay-for-Delay Deals

    A recent complaint filed by the Federal Trade Commission (FTC) indicates that the agency is continuing its aggressive pursuit of agreements between drug manufacturers that delay the entry of generic pharmaceuticals into the market.

  • 04.26.16

    Conspiracy Within a Hospital Network: Federal Appeals Court Decision Amplifies Risks for Healthcare

    A recent decision of the United States Court of Appeals for the Sixth Circuit signals that hospitals collaborating under joint operating agreements may face increased exposure to antitrust challenges.

  • 03.23.16

    State Bill Seeks to Shield Hospital Mergers From Antitrust Challenge

    On March 12, the West Virginia legislature passed a bill that would exempt state healthcare providers from federal antitrust scrutiny when acting under the jurisdiction of the West Virginia Health Care Authority (Authority).

  • 02.25.16

    Federal Court Upholds Virginia's Certificate of Public Need Laws

    On January 21, 2016, in Colon Health Centers of America, LLC v. Hazel1 (Colon Health), the U.S. Court of Appeals for the Fourth Circuit upheld the constitutionality of Virginia's certificate of public need (COPN) program, which requires healthcare providers to obtain permission from the state ...



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